Maryland Motorcycle Accident Lawyer Blog

As a personal injury attorney, my job is to represent victims of accidents precipitated by the negligent actions of other individuals. Motorcycle riders may be one of the most common groups of motorists injured on the road, especially during the spring and summer months.

Unfortunately, traffic accidents involving bikes, such as Harley-Davidsons, Suzukis, Triumphs and Hondas, are usually severe and cause extensive bodily injury to the riders. More often than not, a crash with a passenger car or commercial truck can result in death. Helmets make a big difference, but in this life there are no guarantees.

The tragic part of the story is that many injuries and fatal crashes experienced by the motorcycling community could be avoided if other motorists took the added effort to check for two-wheelers sharing the road. As a Maryland motorcycle accident lawyer, I’ve seen enough horrendous accident scenes to last a lifetime. But I never tire of offering help to victims and their families following these kinds of terrible and sometimes life-altering collisions.

A little while ago we came across a news item that illustrates one of the worst-case scenarios facing motorcyclist on our public roads. According to reports, a 46-year-old Charles Thompson III of Hagerstown died while riding his bike along U.S. 40 in Frederick County. The accident happened just before 8pm when another motorist was attempting to enter the roadway in a 2001 VW Jetta.

According to police, 19-year-old Zachary Gunther, a resident of Myersville, was attempting to enter the eastbound lane of U.S. 40 off of Pleasant Walk Road and apparently pulled right in front of Thompson’s motorcycle. In the process the rider was thrown from his bike onto the roadway.

Emergency crews arriving on the scene administered first aid and then transported the severely injured man by helicopter to R Adams Cowley Shock Trauma Center in Baltimore. Unfortunately, Thompson’s injuries were too extensive and he died a short time later at the hospital.

Police issued the Jetta’s driver with a traffic citation for failure to yield the intersection right of way. At the time of the news article, local police were expected to approach the Frederick County state’s attorney’s office to discuss whether additional charges should be brought against Gunther.

Hagerstown motorcyclist dies following crash in Frederick County, Herald-Mail.com, May 7, 2010

Having assisted numerous motorcycle riders following life-threatening bike-automobile accidents, I have seen the carnage that can be inflicted on a motorcyclist during a serious crash. It goes without saying that bikers and other riders of two-wheel motor vehicles have less protection against a severe traffic wreck than people in four-wheeled vehicles, and zero when compared to semi truck drivers in their big rigs. But most motorcycle riders know this and understand the risks.

Some highway collisions cannot be survived. At the very least, massive head and back injuries are common, even at low speeds, which can lead to permanent paralysis and a lifetime of medical care. Rehabilitation following such accidents can help, but is also expensive and can crush a family’s savings in a very short time. If the victim was the major income earner for the family the effects of a debilitating bike wreck are only magnified.

Not long ago a young rider from Broomes Island was killed when a pickup truck apparently pulled into the road directly in front of the man’s motorcycle. According to reports, the accident occurred just after 6pm along Broomes Island Road near Island Creek Lane in Calvert County.

Based on police reports, 21-year-old John Alton Stratchko riding his 2003 Yamaha YZF R6, traveling southbound along Broomes Island Road. As he approached the entrance of a private, a 2002 GMC pickup apparently began to enter the roadway right in the path of Strachko’s motorcycle. The bike struck the driver’s side of the truck, which was being driven by another local resident, 53-year-old Martin Wayne Mister.

It appears from the police report that Stratchko may have tried to lay his bike down before colliding with the pickup. The reports indicated that the man was ejected off the bike with his body hitting the driver’s door of the vehicle. The motorcycle itself came to rest on top of Stratchko’s body. Emergency responders transported the man to Calvert Memorial Hospital where he was pronounced dead from his extensive injuries.

At the time of the news article, a cause of death and nature of the injuries sustained by Stratchko were pending an autopsy, which was scheduled to be performed by the Office of the Chief Medical Examiner (OCME) in Baltimore, Maryland. The Calvert County Sheriff’s Office Crash Reconstruction Team was also involved in determining the events of that evening that led to the death of the untimely death of this motorcycle rider.

Calvert Man Killed in Street Bike Accident, TheBayNet.com, May 4, 2010

Few can deny that motorcycles have their appeal. On one hand they offer a feeling of freedom. On the other hand, they certainly can be dangerous. This is why some motorcycle owners describe riding a bike as an exercise in risk management. One of the biggest risks for bikers here in Maryland — regardless of whether they own a Honda, Kawasaki or Harley Davidson — is the potential for severe injury or even death as a result of a traffic accident.

As a Baltimore motorcycle accident lawyer, I’ve met many motorcyclists and they all share an undying passion for riding, for the open road. Each person deals with the inherent risks in his or her own way. Sadly, however, all bikers face some formidable dangers in the guise of passenger cars, family minivans and commercial trucks. From being side-swiped by a distracted driver to catching a thrown tread off a poorly maintained semi tractor-trailer, the prospect of receiving cuts, bruises, broken bones and road rash looks downright sunny next to the dead-end alternative a fatal high-speed crash with another, larger motor vehicle.

Not long ago, two riders died in separate accidents on the same Friday evening here in Maryland. One could say it was a fluke, but with the number of motorcycle enthusiasts on the road these days, a more cynical person would suggest it was simply inevitable. In each of these cases — one in Joppa, MD, and the other in Hanover — the accidents involved questionable riding behavior on the part of each rider. Both motorcycle accidents involved a collision with an automobile.

According to news reports, the accident in Joppa occurred around 7pm on Friday on Joppa Farm Road near Foster Knoll Road. Harford County Sheriff's deputies responded to an accident involving a 2009 Yamaha motorcycle and a 2010 Toyota Corolla. Apparently, 20-year-old Karl Michael Kunz had been traveling north passing vehicles at high rates of speed in a no passing zone when he struck a Toyota Corolla which had started to cross Joppa Farm Road westbound from Foster Knoll Road.

Police reports show that Kunz was ejected from the bike after striking the Toyota’s driver-side door. The Toyota ended up striking a tree and nearby street sign before coming to a stop. Police reports showed that Kunz was taken to Upper Chesapeake Medical Center where he was pronounced dead.

The second crash involved a 2004 Suzuki GSX R 600 that ran a red light and hit a 1992 Nissan 300 ZX. Police reports indicated that 25-year-old Gustin Samuel Page was heading westbound on his Suzuki along Dorsey Road at about 6pm when a the Nissan made a left turn from Candlewood Road onto eastbound Dorsey Road. Page apparently couldn't slow down for the red light, causing him to hit the passenger car on the left-hand side.

Page was taken to Baltimore Washington Medical Center where he was pronounced dead. The Nissan’s driver, Norman Walter Faber Jr., 52, of Churchton, also was taken to BWMC with injuries that were not life-threatening. Witnesses told police Page was driving recklessly and speeding before the crash, including riding on the rear wheel of the motorcycle.

Motorcyclist Killed In Joppa, WJZ.com, April 27, 2010

Man Killed In Motorcycle Accident In Hanover, WJZ.com, April 27, 2010

Summer is fast upon us. Motorcycle riders have already been flooding the city streets and roadways across Maryland. But as any good rider knows, motorcycle-automobile accidents can be unforgiving on bikers and their passengers. Many motorcycle and car accidents become very tragic because a motorcyclist has little protection against the mass of a car, SUV or pickup truck.

Where a driver of a car or truck is relatively protected in the case of a crash, a motorcyclist and his or her passenger can receive the direct impact from another vehicle. Motorcycle occupants can also be thrown far from the scene of a bike wreck. As a result, motorcycle accidents have rather high injury rates that include broken bones and lacerations, neck and spine injuries, traumatic head injuries, and other permanent and non-permanent injuries.

Wearing a helmet is one of the best choices a motorcyclist can make to improve his chances of surviving a bad motorcycle crash. The proper helmets can reduce the incidence of fatal head injuries by a large percentage. The use of various protective outerwear and good footwear can also mean the difference between minor and serious injury, or even death.

Sadly, the Maryland legislature may adopt legislation that allows some riders to decide if they wish to wear a helmet or do without. According to the American Motorcycle Association (AMA), House Bill 1282 and Senate Bill 492 would provide exemptions to the motorcycle helmet law currently on the books in Maryland.

Authored respectively by Delegate Curt Anderson (D-Baltimore) and Senator John C. Astle (D-Annapolis), the new law would apply to operators or occupants of three-wheeled enclosed-cab motorcycles or operators of two-wheeled motorcycles who have been licensed for at least two years, or those who have completed a motorcycle rider safety course. An adult passenger riding on a two-wheeled motorcycle would also be able to choose whether or not he or she wishes to wear a helmet as long as the operator is exempted under the law.

Our experience as Baltimore motorcycle accident attorneys tells us that whenever helmets are not worn, injuries can be more serious. It’s a fact that no matter how well you prepare, there is always a chance that you could be involved in an accident on your bike. It makes no difference whether the cause is driver error, another driver’s negligence, excessive speed, or alcohol or substance use, an accident is an accident; outfitting oneself with a helmet is cheap insurance and better protection than none.

AMA News & Notes: May 2010, ama-cycle.org, April 9, 2010

Where there’s one there is usually another, or so the saying goes. As more than one motorcycle rider has commented, seeing one deer or other large animal by the side of the road means at least another may be close by. This kind of thinking has saved many a biker from a serious motorcycle crash due to wildlife in the roadway. Of course, safety should always be the primary concern of any rider who takes his riding seriously.

Even so, traffic accidents like car-bike crashes can and do happen. For owners of Yamahas, Ducatis, Harley-Davidsons and Buells, avoiding a traffic accident is a full-time job when operating a motorcycle on public roads. Heavy traffic and rush hour congestion only increases the risk to bikers of every kind.

Not too long ago, a couple unrelated traffic accidents sent two riders to the hospital on the same day. Based on news reports at the time, one of the motorcyclists was involved in a single-vehicle crash in Pasadena, while the other hit a large sport utility vehicle in Glen Burnie.

According to police reports, emergency responders were called to the scene of the first accident at Mountain and Hickory Point roads in Pasadena just before 2pm on a Sunday afternoon. The police call indicated that a 72-year-old rider had hit a pothole and apparently lost control of his bike. Paramedics arriving at the accident scene treated the man and then transported him to the Maryland Shock Trauma Center in Baltimore. Based on news reports, the motorcycle rider had serious but not life-threatening injuries.

Later that evening, emergency personnel were alerted to a two-vehicle traffic accident in Glen Burnie around 8:40pm. The bike-SUV crash happened at Point Pleasant Road and Bell Avenue in Marley. The collision involved a Chevrolet Suburban and a Harley-Davidson, according to police reports.

The 48-year-old Harley rider was treated at the scene by Paramedics and then transported to the shock trauma center with serious injuries, according to a Glenn Burnie County Fire Department spokesperson.

Motorcycle crashes send 2 to hospital, HometownGlenBurnie.com, April 7, 2010

One fact that becomes quite clear, having represented numerous victims of motorcycle accidents, is that bikes offer next to no protection for their riders. It makes little difference whether you ride a Harley, Suzuki, Yamaha or Honda, larger vehicle including cars, SUVs, minivans and semi tractor-trailers can inflict serious injuries to a rider in the case of a crash. Deaths from car-bike wrecks and bike-truck accidents are also common.

It is because of this fact that riding a motorcycle leaves very little margin for error. The freedom of two-wheel travel on the open road must always be balanced by the dangers awaiting even the most careful biker. This is why, as a Maryland motorcycle accident lawyer, I am quick to remind anyone contemplating owning a chopper, cruiser, standard or so-called crotch-rocket, be careful and use every piece of safety equipment available to you.

One recent motorcycle crash points out the potential finality of any traffic accident. According to news reports, a 31-year-old rider died following a collision with a van on Route 301 in Waldorf, MD. The accident occurred late on a Saturday afternoon when Deven Rachar Blackshear hit the side of a 2005 Chrysler Town & Country that was pulling out of a parking lot onto the highway.

According to Maryland State Police, the man’s Ducati was traveling northbound on U.S. 301 near Route 5 just before 6pm when his motorcycle hit the minivan and went airborne. The rider and bike traveled a short distance and collided with a southbound Chevrolet HHR. Police claim that the speed of the 2009 Ducati played a part in the fatal accident.

As a result of the crash, Blackshear reportedly suffered from severe head trauma and a broken neck. He was transported by police medivac helicopter to R Adams Cowley Shock Trauma Center in Baltimore, but died not long after from his injuries.

The Town & Country driver, Abigail Jaye Nabors, 33, of Waldorf, and a 2-year-old child riding in the rear seat of the van were both flown to Children's National Medical Center in Washington, D.C., according to reports.

A 16-year-old who was driving the Chevrolet and a 46-year-old passenger reportedly did not receive any injuries.

Cycle accident kills driver, 31, SdMdNews.com, March 31, 2010

It is a fact that motorcycles offer less protection to their riders than cars or trucks do to their drivers and passengers. But while some people say bikes are too dangerous to ride on the street the choice to ride or not is a personal decision that every motorcyclist must make for him or herself.

As a Baltimore motorcycle injury attorney, I support an individual’s right to choose how they will live their life, even if the risks are more than some people can accept. So long as the state of Maryland allows bikers to rider their machines on the city streets and rural roads, they have the same rights and responsibilities as passenger car drivers and truck operators.

In my position, I often hear of fatal motorcycling accidents that would give most people pause. Recent news of a crash in Charles County is one such incident. According to Maryland State Police in La Plata, there was a traffic accident on Route 301 that resulted in the death of a rider and injury to two other motorists. At the time of the news article, police were still investigating the crash.

Based on reports the accident occurred sometime after 5pm in the afternoon when a white 2009 Ducati ridden by 31-year-old Deven Rachar Blackshear collided with a van and one other vehicle in Waldorf, MD. News articles said that Blackshear was traveling north on Route 301 near Route 5 when his motorcycle collided with a 2005 Chrysler Town & Country minivan that apparently pulled out out of a parking lot onto the path of the oncoming bike.

Upon hitting the Chrysler, the motorcycle and rider were apparently thrown into the oncoming path of a southbound Chevrolet HHR. Responding to the accident scene, rescue workers transferred the rider to a Maryland State Police helicopter for transport to Baltimore Shock Trauma for treatment of serious head trauma and a broken neck. The man was later pronounced dead as a result of those injuries.

The occupants of the Chrysler were also injured. Thirty-three-year-old Abigail Jaye Nabors, who was driving the Town & Country minivan received facial injuries, and a toddler, who was riding in the back seat of the van and whose injuries were unknown, were both flown to Children's Hospital in Washington D.C.

A 16-year-old driver and 46-year-old passenger in the HHR were unhurt in the accident and did not require any medical attention. According to Maryland State Police, speed does appear to be a contributing factor in this crash.

Motorcyclist Dies, Two Others Injured in Waldorf Crash, TheBayNet.com, March 23, 2010

Waldorf Man Dies in Three Vehicle Motorcycle Accident, SoMD.com, March 28, 2010

Motorcycle riders are particularly at risk when it comes to Maryland traffic accidents. Unlike bicycles, whose riders are similarly exposed, a biker’s machine is more powerful and much faster. Even when wearing leathers or other protective riding gear, being thrown from your Harley or Honda onto hard pavement at highway speeds can result in life-threatening injuries, sometimes a rider is even killed on the spot.

Motorists also have a hard time identifying motorcycles in traffic. Because of this, a smaller Suzuki or Yamaha two-wheeler can go unnoticed until it’s too late. As a Baltimore injury lawyer, I‘ve read too many time about motorists turning directly in front of a bike in broad daylight only to say they never saw the rider or his bike. That’s a scenario that many riders learn about first hand, and it only takes once to make that point clear.

A recent news reports indicated that a resident of Ann Arundel County pleaded guilty to a charge of negligent homicide in the drunk driving-related traffic accident that killed a Glen Burnie motorcycle rider last summer. The accident happened on Baltimore Annapolis Boulevard last August when a 2004 Acura driven Alida Roxana Holyoke, 27, apparently turned in front of a motorcycle rider causing him to crash, the woman then left the scene of the accident.

Police investigators piecing together the accident scene determined that the rider, William "Shawn" Jacobs, had the right of way when Holyoke turned. The man’s 2008 Harley Davidson hit the side of Holyoke’s car causing the man to be thrown off the bike.

Paramedics responded quickly to the car-motorcycle accident, treating the rider, who investigators discovered had also been drinking that night, then transporting him to the Maryland Shock Trauma Center in Baltimore. He never made it to the hospital, suffering a cardiac arrest on the way. He was pronounced dead just after 3am.

A witness to the accident followed the woman, who drove to a local gas station where police eventually caught up to her and took her into custody. At the police station Holyoke’s blood-alcohol content (BAC) was measured at 0.19 percent, more than double the legal limit for driving. At sentencing she could face up to 15 years in jail and a $15,000 fine -- however, state guidelines call for probation to two years in prison.

Woman pleads guilty in fatal crash, HometownAnnapolis.com, March 26, 2010

A motorist from Fairplay, MD, was ordered to pay $140 as a fine stemming from a 2009 accident that seriously injured an 8-year-old boy riding his bicycle. The fine, which was for negligent driving, was levied against Meghann Marie Weaver, 21, by the Washington County District Court. The accident occurred on August 27 along a stretch of Jordan Road. As a Maryland personal injury attorney, I have seen numerous reports of car-bicycle accident during my career -- those that involve children can be the most tragic.

In this case, while the child was not killed in the accident, one of the young rider’s legs had to amputated at mid-shin. According to reports, he has been undergoing rehabilitation at the Kennedy-Krieger Institute in Baltimore. Unfortunately, this youngster will carry with him a life-long disability as a result of another person’s negligent behavior.

According to court records, other charges of reckless driving and driving a vehicle in excess of reasonable and prudent speed on a highway were dropped by the prosecutor’s office. Based on the police investigation, alcohol was not a factor in the accident.

News reports, show that there was no indication that drugs or alcohol were involved in the accident, which ruled out a reckless driving charge according to the Deputy State’s Attorney Steve Kessell. That left only speed as a factor, he said.

The boy who was hurt in the accident, David Greeley, suffered compound fractures to both legs and a head injury when he was struck by Weaver’s Pontiac Grand Am around 7pm on that day. Weaver was cresting a hill when she struck the boy on his bicycle. Young Greeley is a third-grader at Fountain Rock Elementary School, not far from where the accident occurred.

Woman pays fine in crash injuring 8-year-old, Herald-Mail.com January 6, 2010

A word to the wise: It doesn’t matter how good a cycle rider you are, motorcycle accidents can happen to the best riders. Tragically, motorcycle accidents can be very unforgiving to many motorcyclists. As motorcycle accident attorneys, I and my colleagues understand how sudden a fatal traffic accident can occur; many motorcycle-car accidents can spell danger to bike riders. Just recently, a veteran police officer and avid motorcyclist lost his life while riding to work.

According to news reports, an 42-year-old off-duty Baltimore County officer was killed in late October when his cycle nearly collided with a car about two miles from the Parkville Precinct station. Officer Jeffrey Neral, a 17-year member of the department, was riding to work around 1pm on his 2009 Harley Davidson southbound on Old Harford Road when he approached a 2002 Ford Focus, a police spokesman said.

The car's driver, 26-year-old Pei Kao had just left Loch Raven Presbyterian Church in the 9300 block of Old Harford Road. To avoid a collision, Neral laid down the motorcycle but was subsequently thrown from it and hit the driver's side of Kao’s automobile.

Neral was taken by a county Fire Department ambulance to Good Samaritan Hospital, where doctors tried to save him. Unfortunately, he died shortly thereafter. The article did not say whether or not the officer suffered any type of brain trauma, however the police report showed that Neral had been wearing his helmet. Kao was not injured in the accident.

According to news reports, this was the second fatal accident involving a county police officer in a little more than month. On September 24, 32-year-old Detective Jason Simons of the Towson Precinct died following a crash on Route 88 near the village of Cooperstown.

Baltimore County officer dies after motorcycle accident, BaltimoreSun.com, October 26, 2009

Motorcycle riding season is drawing to a close for the most part, but accidents are still quite common. As Maryland personal injury lawyers, Lebowitz & Mzhen LLC provide aggressive representation to motorcycle accident victims and their families. We understand the pain that relatives experience at the loss of a loved one. Sadly, fatal bike crashes are not uncommon in Baltimore, D.C. or any of the cites and towns throughout our state.

Toward the end of October, a Carroll County resident died when his motorcycle hit an oncoming passenger car head-on at a high rate of speed in Westminster. In such cases, the survivability of the rider is quite low. According to news reports, Cpl. Mario DeVivio was heading northbound on Route 97 in an unmarked police patrol vehicle when a motorcycle pulled out in front of him.

Edward Nicholas Dill was riding a 2004 Yamaha when Officer DeVivio signaled him to pull over. Instead, the 28-year-old allegedly fled, accelerating away from the police car and disappeared from the view.

According to police reports, Dill traveled about a quarter-mile before crossing the center line in a curve and striking an oncoming Ford Fusion. The force of the impact threw the motorcyclist more than 20 yards from the site of the collision. Emergency personnel arriving at the scene treated and transported the rider by state police medevac Maryland Shock Trauma Center. Unfortunately, doctors could not save the man, who died about four hours after the collision.

According to news reports, an investigation at the scene revealed that the motorcycle had been reported stolen by the Penn Township (PA) Police Department a little more than one month earlier on September 17.

Cyclist dies after head-on collision with a car in Carroll, BaltimoreSun.com, October 20, 2009